The Importance Of Wills Probate
If we leave this world, our material properties remain behind
. To aid the transfer of ownership of the properties, a will is essential. But before a will is recognized by the court of law as valid, there are some prerequisites to be fulfilled. The course of action is called the probate of wills. The 2 common kinds of a will are the notarial and holographic, and each kind has several requirements.
For a holographic or handwritten will, there are strong requirements to be met. One requirement of the handwritten will is that it must be completely written by the testator of the will himself. There ought to be no outside interference when the will is written and signed by himself. Another condition of the will is that the person is psychologically sane. This kind of will does not require any witness. When all these conditions are met, the wills probate will be subjected again to the court of law for review.
For a notarial will, the testator of the will is completing the will but this time there is the involvement of a lawyer. The lawyer is there to help the testator of the will to the conditions of the law and notarize it. There is also the need of witnesses that do not have any benefit to the will. When these are fulfilled, the draft is subject again to review by the court of law.
After the will probate passes on to the first batch of requirements, the will must be subjected again to other specifications of the law for its enforcement by the court of laws.. This is to make sure that the requirements of the law for the distribution of the properties of the decedent are complied.
In each state, there are diverse minimum specifications that are mandated by law as partitions to be obtained by the heirs. This signifies that there is a certain minimum amount that each living heir of the testator must acquire that is mandated by law to make sure that each heir is not left out.In the event that the will is not granted by the probate, the terms that the maker of the will is not followed and the default will made by the law is enforced.
by: Gracie Reyes.
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